Chapter 121-5 DISCIPLINARY PROCEEDING
After notice and hearing, a Division may take disciplinary
action against a licensee or certificate holder or may refuse to grant, renew,
or restore a license or certificate to any person pursuant to O.C.G.A. 43-14-6;
and all other appropriate sections of Chapter 14 of Title 43, O.C.G.A. 43-1-19,
O.C.G.A. 43-1-27, O.C.G.A. 16-13, O.C.G.A. 50-13 and the Rules of the
Board.
"Unprofessional conduct" shall include, but not be limited to
the following:
| (a) |
Violating local
ordinances relating to the performance of contracted work covered by O.C.G.A.
Chapter 43-14 including, but not limited to, failure to obtain the required
permits and inspections required by local ordinance; |
| (b) |
Establishing a pattern of charging
amounts substantially in excess of any original estimate given by the licensee
without having informed the consumer, prior to the accrual of such charges,
that the final amount due would or could be substantially in excess of the
original estimate; |
| (c) |
Knowingly
charging for unnecessary work; |
| (d) |
Diverting funds or property received or obtained for the completion of a
specific contract without the specific authorization of the consumer and/or the
contractor for that particular job; |
| (e) |
Failing to disclose the name and license
number of the person or persons supervising and performing contracted work for
a sole proprietorship, partnership, or corporation whenever such information is
reasonably requested by the Board or its designee, any other state agency or
representative, or any consumer or member of the public. |
| (f) |
Failing to register with the Division the
name of the business which the licensee or certificate holder qualifies under
Chapter 121-6 or failing to notify the Division in writing within five (5) days
of the severance of connection with a registered business. |
| (g) |
Operating as a utility contractor without
employing a person who holds a current utility manager certificate to supervise
the work performed by each permanent office. |
| (h) |
Registering a sole proprietorship,
partnership, limited liability company, or corporation which the Division
determines to be in violation of O.C.G.A. 10-1-490, which requires the
registration of trade names with the Superior Court. |
| (i) |
Failing to provide documentation of the
registration with Superior Court of trade names to the division upon
request. |
